STATE LEGISLATIVE COORDINATOR

 

 

GARY HILDERBRAND

HOME: 302-698-1647

CELL: 302-382-6991

GaryDe19962@aol.com

 

 

 

From: Brady Gerald (LegHall) <Gerald.Brady@state.de.us>
To: garyde19962@aol.com
Sent: Sat, 26 Jul 2008 7:39 pm
Subject: Representative Brady's commitment to ABATE

Gary,
Great chatting with you today. Sorry for the high pitched emotions.

I will recap my experience thus far with the issue of helmet laws in Delaware.

Bare in mind I have only been a representative since 2007

In February 2008 the Delaware General Assembly members were mailed questionnaires from David Breakiron (Motorcycle Riders Association of Delaware) and to my knowledge ABATE.

Shortly thereafter, I was registering my son's Cub Troop at Camp Rodney in Northeast Maryland at which time I met Dave who is the winter camp master.

 

Once he realized I was a Delaware State legislator he lamented about the questionnaires and the responses he received from several forthright assembly members.

 

He was delighted with several responses; identifying them by name (Keeley, Ennis, Mitchell and others).

He also commented on the history he has had with then Governor Mike Castle and also Senator Amick.

After several very lengthy conversations with Dave over that weekend, I assured him I would take the challenge of notifying the House of Representative's Democratic Caucus Representative as to their obligation to respond to his questionnaire.

 

He actually e-mailed me a copy which I forwarded to our staff and created hard copies.

I e-mailed and hard mailed my copy to Dave.

 

The following Tuesday, upon returning to session I conducted a several minute presentation on his behalf.

Since that time I have chatted with Dave, one of which was another scout weekend at Camp Rodney in May.

As a matter of fact that weekend, a motorcycle accident had just occurred earlier that week in Lewes, in which the rider was killed.

He appeared to be satisfied when I assured him no legislation was forthcoming this session of the GA.

We went at length to talk about the Federal legislation and Congressman Mike Castle's disdain for your position.

Beyond these recollections and I shared with Dave a little known secret at that time (March), in that Rep. Bethany Hall-Long was contemplating a run for the Senate against Steve Amick. Senator Amick responded to the questionnaire unfavorably.

I immediately notified Bethany, indicating Dave was willing to support her campaign efforts.

I also recall in these conversations, that the position of ABATE and MRAD was toTrain and Educate, as opposed to mandating wearing helmets.

I concur with this position and oppose any mandates.

I am on record with Dave and have been since March.

I appreciate your thoughtful letter and most important the opportunity to discuss this entire issue with you via the telephone.

I remain available to discuss this issue with your or your association.

Best regards,

Gerald L. Brady
House of Representatives
4th District
---------------------
From: Hildy <garyde19962@aol.com>
To: Gerald.Brady@state.de.us
Sent: Mon, 28 Jul 2008 10:17 am
Subject: Re: Representative Brady's commitment to ABATE
Rep. Brady,

I did receive your e-mail and message left on my cell.

I sent you my letter based on a request by one of ABATE of Delaware's members about your Republican opponent and their position on mandatory helmet laws.

Had Dave shared his information with me then I would not have had to question your support.

I'd like to thank you for your candor.

I will also make sure that the information you have sent me will be disseminated to the membership.

As I tried to explain, Dave Breakiron is the Motorcycle Riders Foundation (MRF) state representative to Delaware.

He works on federal legislation and rules.

The MRF is not suppose to be involved with state issues unless asked.

The MRF receives the majority of its funding from the various State Motorcycle Rights Organizations (SMRO).

The MRF state representative is appointed by the SMRO in each state.

In Delaware there is only one SMRO and that is ABATE of Delaware.

Dave is an excellent spokesperson on motorcycle rights issues.

However, he did not and has yet to share any information about his survey or conversations with any of our elected leaders.

Hildy (Gary K. Hilderbrand State Legislative Coordinator ABATE of Delaware)

And to those of you who did nothing, you are welcome to enjoy the freedoms others have provided you!

 

 

HILDY'S LEGISLATIVE REPORT
July 2008

 

I already gave a run down on Senate Bill 46, the mandatory helmet legislation.

 

For those of you that have not read it or heard it you can access it by going to www.nccabate.com and look under the State Legislative Coordinator.

Once again I thank all who did their part in fighting this legislation.

 

And to those of you who did nothing, you are welcome to

enjoy the freedoms others have provided you!

Graduated licensing has been proposed by the Division of Motor

Vehicles in a meeting of the Riders Education Advisory Committee.

 

Because of ABATE the issue is dead but surely not forgotten.

At this same meeting they proposed a riders education course for females instructed

by females which was approved as well as course for anyone over 35 years of age.

It is my understanding they are both being utilized and very successful.

The Motorcycle Awareness Parade that was canceled because of inclement weather this

year has been proposed by the Advisory Committee to be held next year on April 25, 2009.

 

Once again we are attempting to hold a parade through the State's

Capital, Dover, and then fun and games afterwards on Legislative Mall.

One thing that is happening across this country is that at the Federal and State level

we are seeing what is being called "May Is Motorcycle Safety Awareness Month."

Emphasis on the Safety.

 

It is not a safety awareness month, it is "May Is Motorcycle Awareness Month."

The other guys are suppose to be looking out for us as the weather changes and more

bikes hit the roads not looking at better ways to make people more safety conscious.

We've lost our way when we changed the name of ABATE.

ABATE was not established to be an educational organization.

It was established to be a motorcycle rights organization.

 

As so eloquently stated by Tony Pan Sanfelipo, "Sadly, many MRO's

today are afraid of expressing civil disobedience in the form of refusal to wear

helmets, or first amendment protections of free speech like helmet burnings.

It might seem antiquated to some leaders, a remnant of the past which would not work today. But those freedom fighters who taught us to resist these unwholesome and unwanted laws had a hell of a lot better record at repeal than any of the present

day organizations. I can't believe things that worked then, somehow, by

some mystical fluke, would not apply today.

It's time we took the gloves off again as an organization.

Believe me when I say there is no organization except ABATE which

is fighting any and all legislation that affects motorcycles in Delaware.

We need to be more aggressive in our message and activities.

No Compromises!
Last but not least we have established a political organization for bikers to

fight biker legislative issues and help elect our friends and defeat our enemies.

 

It is Called BikePac-DE.

 

It is very important that every member and their friends and family support BikePac.

 

 

JULY 14, 2008

N.C. SENATE CANDIDATE FIGHTS

UNCONSTITUTIONAL HELMET TICKET
Raleigh, NC July 9, 2008 (AMP)

Jan MacKay, a candidate for Senate in NC State Senate District 15,

Wake County, is a freedom fighter for motorcycle rights.

Jan was issued a helmet ticket three months

prior to announcing her candidacy for the Senate.

Her next scheduled court appearance is on July 29, 2008 at

Wake County District Court, in downtown Raleigh, on the 5th floor.
 

"I am spending much of my time and energy fighting this, so that hundreds,

perhaps thousands, of motorcyclists will not have to guess at how to

comply with the vague helmet statute in the future."

My defense will raise questions as to the unconstitutional

aspects of the current helmet statute in North Carolina.
 

So far, all North Carolina officials I have contacted, including the Governors office,

the Attorney Generals office, the NC DMV, the NC State Highway Patrol, the NC

legislators, and the legislative drafting division, have been unable to provide

a legitimate answer to motorcyclists for the following question:
 

How can motorcyclists ensure, with absolute certainty, that their helmet

is compliant with federal motor vehicle safety standard "FMVSS 218?"

The federal government does not maintain a list of approved

helmets, and by its' own admission, does not approve helmets.

They do not test helmets prior to allowing them onto store shelves.

The standard calls for manufacturers to "self-certify" that each and every helmet

they sell complies with the long list of requirements and specifications in FMVSS 218.

"If law enforcement suspects a helmet does not comply with the standard,

rather than go after the manufacturer, they go after the consumer!

This establishes a dangerous precedent, and should

be of concern to every motorist and consumer.

Imagine if they went after consumers to comply with all the

hundreds of motor vehicle equipment items controlled by FMVSS.

Then, imagine if the FDA did this!

It would take responsibility from the drug manufacturers, putting a

burden of compliance on anyone who legally uses prescription drugs."

"Since the Governors office and the state legislators have no idea of how

to answer that basic question of how to comply, for those lawful citizens

who wish to abide by the statute, it is not right for them to leave this up to

the citizens, and then ticket them for not complying.

 

The NC helmet statute is vague, because it points to a

standard which is not meant to be adhered to by consumers.

At present, it is arbitrarily enforced using ad hoc determination by law enforcement

who cannot test a helmet for compliance or non-compliance during a roadside stop.

 

The federal and state governments are prevented

from enacting legislation which makes them liable.

Arbitrary and ad hoc enforcement is the basis for vague laws.

Vague laws which people cannot abide by, with

absolute certainty, are unconstitutional.
Grayned v City of Rockford

The legislature failed the people when they adopted

GS 20-140.4 and I am looking forward to a judicial solution.

This is an issue of basic citizens rights to know, with

certainty, what is lawful and what is not lawful."

So far, Jan has been to court twice for the alleged infraction, which carries a $25 fine.

 

The first time, the prosecution was not ready to proceed and there

was no witness, so they said they would subpoena the state trooper.

 

The second time, Jan and two assistant district attorneys appeared

before Judge Joyce "Joy" Hamilton, and the same thing happened.

The state trooper was not present, and an ADA motioned

for continuance, which was allowed. "I like how Judge

Hamilton reacted to the prosecution not being ready.

 

She will allow them just one more chance to get the trooper to appear.
I do not want a dismissal.

"I want this to be adjudicated by a fair trial with concern for the Constitution."

Copyright 2008 MacKay For Senate.

Unauthorized duplication without permission is prohibited by law.

For permission to use, please contact MacKay For Senate.

 

 

 

JULY 8, 2008

 

July 1, 2008 motorcyclists in Delaware dodged another bullet.
Senate Bill 46, the Mandatory Helmet Law died in committee.

On March 14, 2007 Senate Bill 46, a mandatory motorcycle helmet law was introduced

in the Delaware State Senate and place in the Senate Public Safety Committee.
On March 21, 2007 an amendment to that legislation was placed with SB 46 to

require those helmets to meet Federal Motor Vehicle Safety Standard 218.

I would like to thank the members and the leadership of ABATE of Delaware,

plus our sisters and brothers from other states, who contacted the members of

the Senate Public Safety Committee and the other members of the Delaware

State Senate voicing their displeasure with the introduction of this legislation.

I want to caution every one of you that this is not a dead issue.

The federal government has, and is still pushing every state to adopt mandatory helmet laws.

Senator Simpson believes that his legislation is a necessary component in

motorcycle safety, as well as our good friends in the medical arena, the insurance

arena, and especially AAA want to take your right to decide away from you.
 

You will be seeing this legislation again next year.

Each General Assembly has a life span of two years.
Any legislation introduced is active for the duration of that General Assembly.
Should Senator Simpson introduce this legislation again in January of 2009 it will

be good until July 1, 2010 unless it is defeated, passed, vetoed, or killed in committee.

As you know, this is an election year in which the entire Delaware House

of Representatives and half of the Delaware Senate are up for election.
We will be losing at least one supporter of ours, Senator Copeland.

He is seeking the Office of Lieutenant Governor.
The Lieutenant Governor does play a significant role in the Senate.
One of his/her job duties is to preside over the Senate

while in session and cast any tie breaking votes.

Whether his position would change on being against

a mandatory helmet law remains to be seen.
 

Like Hubert H. Humphrey said, "Where you stand depends on where you sit."

It is going to be critical that everyone registers to vote if you aren't

already, and to make sure you vote in the primary election

September 9th and the general election November 4th.

Ride safe this summer and remember, "NO COMPROMISE" when it comes to our freedoms.
 

It's not about the device it's about the law!

Hildy

 

 

APRIL 24, 2008

 

This is an open letter to anyone who wants to take the time to read it.

I hope you do, and I hope you take my comments to heart.

 

Senate Bill 46 with Senate Amendment 1 was introduced

last year by Senator Gary Simpson from Milford.

 

This was a mandatory helmet bill using the Department of

Transportation Federal Motor Vehicle Safety Standard 218.

 

Your ABATE leadership met with the Governor, brought Senator Simpson before

the Riders Education Advisory Committee Advisory Board, spoke to the media,

issued a nationwide call to action, and your MRF representative went to

bat for you with the Governor, as a member of Advisory Committee,

and through his political channels.

 

I’ll give credit where credit is due.

 

Some of the members contacted their elected

officials as requested and voiced their concerns.

 

But it isn’t enough!

Where were the other 960 members or so?

 

When the Delaware State Legislature passed Senate bill 174,

requiring 16 and 17 year olds to wear helmets when they ride bikes,

skate boards, scooters, etc. there was a flurry of editorials about how silly

this was when the State wouldn’t require motorcyclists to wear helmets.

 

For the record, sisters and brothers, Senator Margaret Rose Henry

introduced this legislation, it went into the Senate Public Safety Committee,

was passed there, and passed in the Senate. It went to the House, into the

House Public Safety Committee, passed, and is on the ready list right now!

 

Senator Margaret Rose Henry is sitting on Senate

Bill 46 which is in the Senate Public Safety Committee.

How ironic is that?

 

A little more about the editorials on this issue - there where more for the

mandatory helmet law than there where against the mandatory helmet law.

I saw Dave Breakiron’s, Chainsaw’s, and my letter, four

people I recognized, and one other that was with us.

 

We have over 1,000 members and we managed 4 frigging letters to the editor?

I know Harvey, Carol, and Girl Geek did some talk shows,

 but what about the other 990 Abate members?

 

As I always say; to those of you who did nothing, you are

welcome to enjoy the freedoms others have provided you.

 

Hildy

 

 

MARCH 28, 2008

 

Dear Mr. Hilderbrand:
 

Thank you for contacting me regarding your thoughts about motorcycle helmet regulations.

As always, I appreciate your input on this important matter.
 

I agree with you that helmet laws are a states' rights issue.

As you know, in 1995, Congress lifted the federal sanctions against states without helmet use laws, thus giving states the authority to establish their own regulations.

As a former governor I keenly understand the importance of allowing states to address local concerns.

Currently, 20 states and the District of Columbia have mandatory helmet laws, while 27 other states have at least limited helmet laws.

In Delaware, motorcycle riders under the age of 19 are required to wear helmets when they ride, while all riders regardless of age must carry a helmet on their vehicle.

I fully support the laws that Delawareans have decided best suit their needs and interests.
 

As you know, a number of state legislatures are considering bills to increase motorcycle safety, including tightening helmet regulations.

Last year, the Delaware legislature considered a bill that would have required all motorcyclists to wear helmets, but it did not pass.
 

That being said, at the present time there isn't any federal legislation regarding motorcycle helmet laws.

Should I get the chance to vote on legislation regarding road safety, I will be sure to keep your views in mind.
 

Thank you again for contacting me, Gary.

Please do not hesitate to contact me in the future about other matters of importance to you.
 

With best personal regards, I am
 

Sincerely,

Tom Carper
United States Senator

 

 

GO TO: http://boltofca.com/ AND SCROLL DOWN

TO ORDER YOUR "QUIG" MEMORIAL PATCH.
ALSO NOTE THE APPRECIATION FROM B.O.L.T

OF CALIFORNIA TO ABATE OF DELAWARE.